Records and information furnished court, secretary, board, or Governor--Information that may be released for certain other purposes.

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24-2-20. Records and information furnished court, secretary, board, or Governor--Information that may be released for certain other purposes.

Notwithstanding the provisions of §24-1-26, when requested, regarding the fitness of any inmate, sentenced as an adult, for a modification of sentence, parole, pardon, or early release, the warden shall furnish only to the sentencing court, the secretary of corrections, the Board of Pardons and Parole, or the Governor, respectively, any requested record, fact, or opinion in the warden's possession or knowledge. The Department of Corrections may release the following information on any inmate or parolee sentenced as an adult for purposes of community and victim notification pursuant to subdivisions 23A-28C-1(10) and (12) and §23A-28C-5, and to other governmental entities as defined in §24-2-20.1:

(1)Name and any known aliases;

(2)Date of birth or age;

(3)Race and gender;

(4)Location of incarceration;

(5)Community of residence;

(6)Custody status and conditions of supervision;

(7)Any Department of Corrections sentence identification number;

(8)Any crime of conviction;

(9)Number of felony convictions;

(10)Sentence, time suspended, jail time credit, and revoked good-time credits;

(11)Offense, sentence, admission, release, and parole eligibility dates;

(12)Dates of pending hearings and final determinations of parole, suspended sentence, pardon, and commutation hearings;

(13)Status as an inmate, parolee, or person who has completed a prison term;

(14)County of conviction;

(15)Plea;

(16)Citizenship status;

(17)Birth town, state, and country; and

(18)Identification photograph and physical description.

The department is not civilly liable for good faith conduct under this section.

Source: SDC 1939, §13.4714; SL 1983, ch 199, §6; SL 1989, ch 20, §98; SL 2001, ch 118, §4; SL 2004, ch 168, §11; SL 2011, ch 126, §1.


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